Terms of service
OVERVIEW
This website is operated by The Cardboard Mill Pty Ltd (ABN 83 663 790 743). Throughout the site, the terms “we”, “us” and “our” refer to The Cardboard Mill Pty Ltd. The Cardboard Mill Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4a - QUOTATIONS
Quotations may be withdrawn or varied at any time prior to acceptance of order. We reserve the right to amend prices at any time for the undelivered portion of any order.
SECTION 4b - CONTRACTS
Any quotation made by Kebet is not an offer to sell and no order given in pursuance of any quotation shall bind Kebet until accepted by it in writing. These terms and conditions shall be deemed to be incorporated in any agreement between Kebet and the Purchaser. Any terms and conditions contained in any order offer acceptance or invoice of the Purchaser and all representations statements terms conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
SECTION 4c - DELIVERY
(a) Any date quoted for delivery is an estimate only and Kebet shall not be liable to the Purchaser for any loss or damage howsoever arising for failure to deliver on or before the quoted date. The Purchaser shall accept and pay for items if and when tendered notwithstanding any failure by Kebet to deliver by the quoted date.
(b) Kebet reserves the right to deliver by instalments. If delivery is made by instalments the Purchaser shall not be entitled:
(i) to terminate or cancel the contract for failure by Kebet to deliver an instalment on or before the quoted date; or
(ii) to any claim for loss or damages howsoever arising for failure by Kebet to deliver an instalment on or before the quoted date.
(c) The Purchaser shall inspect the items immediately on their delivery and shall, within 48 hours, give written notice to Kebet of any matter or thing by reason whereof the Purchaser may allege that the items are not in accordance with the contract.
SECTION 4d - CANCELLATIONS
Any order may only be cancelled by mutual agreement and in the event of such cancellation the Purchaser undertakes to reimburse and indemnify Kebet for any costs expenses or charges incurred by Kebet in preparation for and in the execution of an order.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5a - DESCRIPTIONS AND SPECIFICATIONS
(a) Whilst every effort is made to ensure their accuracy the descriptions illustration sand material contained in any price list leaflets or other descriptive matter provide by or on behalf of Kebet represent the general nature of the items described therein and shall not form a part of any order or agreement or amount to any representation or warranty. Kebet reserves the right to modify the design of items without notice.
(b) Kebet does not warrant or guarantee and it shall not be term of any agreement between Kebet and the Purchaser that any items manufactured constructed or supplied by Kebet which are based in whole or in part upon any designs drawings or specifications supplied to Kebet by or on behalf of the Purchaser will achieve any standard or performance of any capacity whatsoever.
SECTION 5b - QUANTITY: OVERS AND UNDERS
Every endeavour will be made to deliver the quantity ordered but, owing to the difficulties of producing exact quantities, the acceptance of orders is conditional upon a margin of 10% being allowed for over’s and shortages. Any such variation shall be charged for or deducted pro-rata.
SECTION 5c - CONTAINERS
Containers including pallets skips bins and stillages in or on which items are delivered whether or not a deposit charge is made in respect of same shall remain the property of Kebet. On the containers’ return in good order and condition any deposit paid will be returned to the Purchaser. The deposit for the containers which the Purchaser returns otherwise than in good order and condition shall only e refunded in part having regard to their actual condition. Containers will be deemed to be still in the Purchaser’s hands until received into Kebet’s stores.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
(b) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(c) To the extent permitted by relevant law representations promises statements warranties and conditions regarding any goods or services supplied by or on behalf of Kebet which without limiting the generality of the foregoing shall include conditions or warranties as to quality or fitness for any particular purposes are expressly excluded. Kebet shall not be liable for any loss or damage whatsoever and howsoever arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss damage deterioration deficiency or other fault or harm in the items manufactured, work executed or services provided by or on behalf of or in any arrangement with Kebet its servants or agents.
(d) The Purchaser acknowledges and agrees that the purchase price for the Products which Kebet is charging hereunder does not include any consideration for assumption by Kebet of the risk of Purchaser’s consequential or incidental damages which may arise in connection with the Purchaser’s use and/or resale of the items the subject hereof and it is expressly agreed that shall not be responsible for any conditions or terms of sale other than those herein contained nor for any representations specifications or promises of any kind or description other than those expressly contained in this Agreement and any express or implied condition term statement or warranty statutory or otherwise not stated herein is to the maximum extent permitted by law hereby excluded. Accordingly, the Purchaser agrees that Kebet shall not be responsible to the Purchaser for any direct or indirect loss of profit incidental special or consequential damages arising out of the use or resale of the items even if Kebet has been informed of the possibility of such damages. It is expressly agreed that subject to any statutory provision to the contrary Kebet’s liability in connection with the items or this Agreement shall not exceed amounts paid to Kebet by the Purchaser hereunder. These limitations apply to all causes of action in the aggregate including without limitation breach of contract breach of warranty Kebet’s negligence strict liability product and to the extent that same does not conflict with relevant law Kebet shall not be liable in any circumstances for any:
(i) defects or damage caused in whole or in part by misuse abuse or neglect;
(ii) transport installation removal labour or other costs;
(iii) technical advice or assistance given or tendered by it to the Purchaser whether or not in connection with the manufacture construction of supply of goods for or to the Purchaser.
(e) In no case shall Kebet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law in Victoria, Australia.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kebet packaging and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TITLE
Title to goods shall not pass to the Purchaser until payment in full of the purchase price. At all times before title in the goods passes to the Purchaser, the Purchaser shall store the goods so that they are clearly identified as the property of Kebet. Upon default by the Purchaser, Kebet shall be entitled to retake possession of the goods and resell them and for that purpose may enter the Purchaser’s premises and remove the goods.
SECTION 17 - RISK
Unless otherwise agreed in writing all items shall be at the Purchaser’s risk upon delivery to the Purchaser his carrier or agent.
SECTION 18 - PAYMENT
Unless stated to the contrary on the face of this document the whole of the purchase price is due immediately upon delivery of the items to the Purchaser or the Purchaser’s agent and is payable on demand or if no demand is made within thirty (3) days after the end of the month in which the items are so delivered. Kebet reserves the right to charge interest at the rate set from time to time pursuant to section 2 of the Penalties Interest Rates Act 1983 (Vic) per annum calculated daily on any overdue amounts.
SECTION 19 - PRICE
Unless otherwise expressly agreed in writing the price of the items shall be that price charged by Kebet at the date of delivery including the amount which Kebet is required to pay on account of any excise or sales taxes or any other taxes or charges which may be established or levied by any governmental authority upon the items or any part thereof or the manufacture use sale of or delivery thereof.
SECTION 20 - FORCE MAIJURE
Neither party shall be liable or deemed in default hereunder for any delay or failure in performance resulting directly or indirectly from acts of God acts of any government war or natural emergency accidents fires strikes or labour disputes provided that the delaying or non-performing party had taken all commercially reasonable actions that are available to avoid such delay or non-performance; provided however that if such delays continue for one hundred and twenty (120) days then the other party shall have the option exercisable by written notice to the party affected by such force majeure event to cancel all or any portion of orders placed hereunder and to terminate this Agreement.
SECTION 21 - WAIVER
Failure by Kebet to insist upon strict performance of any term or condition hereof shall not be deemed a waiver thereof or of any rights Kebet may have and shall not and nor shall any express waiver be deemed to be a waiver of any subsequent breach of any term of condition.
SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22a - INSOLVENCY AND DEFAULT
This Agreement may be terminated by Kebet at any time after the occurrence of a Credit Event with respect to the Purchaser. A Credit Event shall be deemed to have occurred with respect to the Purchaser if:
(a) the Purchaser shall:
(i) generally not pay its debts as such debts become due or shall admit in writing its inability to pay its debts generally; or
(ii) make a general assignment for the benefit of creditors; or
(iii) institute any proceeding seeking to adjudicate it a bankrupt or insolvent or seeking liquidation winding up reorganisation arrangement adjustment protection relief or composition of it or its debts under any law relating to bankruptcy insolvency or reorganisation or relief of debtors or seeking the entry of an order for relief or the appointment of a receiver trustee or other similar official for it or for any substantial part or its property; or
(b) there shall be commenced against such party any proceeding of the type described in clause (a) (i) (ii) or (iii) hereof which:
(i) results in an order for relief; or
(ii) shall not have been vacated discharged or stayed or bonded pending appeal for a period of thirty (30) days from the entry thereof.
SECTION 22b - EFFECT OF TERMINATION
From and after any cancellation pursuant to clause 9:
(a) The Purchaser may continue to market the Products in its possession for which it has paid in its customary manner having reference to the terms and conditions of this Agreement and in the ordinary course of business; and
(b) Payment and indemnification obligations arising prior to termination will remain in force; and
(c) The due date for all invoices for the items shall automatically be accelerated so that they shall immediately become due and payable on the effective date of termination even if longer terms had been provided previously. Termination of this Agreement shall automatically cancel all unshipped orders.
SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at accounts@cardboardmill.com.au.
Questions about the Terms of Service should be sent to us at accounts@cardboardmill.com.au.